This information may help claimants with representation, as well as those who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the ssd and ssi benefits and backpay to which a person is entitled. |
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Anytime a social security disability or ssi case is won, a Claimant generally receives a monthly benefit.
For ssd, this benefit amount is determined by a person's work history and the amount they have contributed though payroll taxes to the social security system. For ssi, the full amount a claimant can receive is set by the federal government and is typically adjusted for inflation each year. Usually, however, in disability cases, a Claimant is also owed a certain amount in past due benefits, or backpay, payable through one or more lump sums. Why do claimants receive past due benefits, or back pay? The short answer is: because disability cases take so long to resolve. An individual whose application was for social security disability benefits can receive back pay from the time they filed their application, and as much as 12 months retroactive to this date (bear in mind, this is the maximum and the actual amount received will depend on the onset date (when a claimant's disability is decided to have begun) and the date of entitlement (which is, due to the five month waiting period, a claimant's first month of elibility to receive benefits). An individual whose application was for SSI can receive back pay from the date of their application and not before. There are no retroactive benefits for SSI. In either case, though, back pay can amount to thousands of dollars simply because disability cases take so long. Regarding other benefits, if a Claimant's disability application was taken in the SSI program, they may also, depending on the state they reside in, receive, Medicaid. If the disabililty application was taken in the Social Security Program, they will receive medicare two years after the time their eligibility for Social Security benefits is established. Disability Advocates Help with Claims Free Case Evaluation |
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